Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 SERVITUDE.

The Burgh of Annan
v.
The Magistrates of Annandale, &c

Date: 19 July 1776

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In a declarator of the exclusive property of the common muir of Annan, free of servitudes, the Lords pronounced this interlocutor :—“ Find, That the Magistrates, Town-Council, and community of the burgh of Annan have the sole and exclusive right of property in the common muir of Annan: And, with respect to any servitude thereon, claimable by the defenders, having considered the proceedings in the divisions of the commonties of Creea and Dornoch, carried on at the instance of these defenders, wherein the community of Annan was not found entitled to any servitude, nor even made a party to the division, but any possession had by them in said commonties was held to be accidental, and by start and overloup, owing to their contiguity, and not animo of acquiring a servitude ; find that the same is the case as to the defenders their claim of servitude on the common of Annan ; and therefore find, That the pursuers are entitled to hold the property of said common free of such servitudes.”